OSHA Inspection: KYLE NELSON CUSTOMS, LLC

Issued

2024-03-28 00:00:00

Abate by

2024-04-11 00:00:00

Penalty

Initial $2765.00 · Current $1659.00 Reduced

General-duty citation text

29 CFR  1910.134(c)(1): A written respiratory protection program that included the provisions in 29 CFR 1910.134(c)(1)(i) - (ix) with worksite specific procedures was not established and implemented for required respirator use:  a) Painting and fabrication area: On or about November 28, 2023, and at times prior thereto the employer exposed employees to health hazards by providing and requiring employees to wear half-face tight fitting elastomeric respirators when spray painting cabinets and fabricating stones without implementing an appropriate written respiratory protection program.

Issued

2024-03-28 00:00:00

Abate by

2024-04-11 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR  1910.134(e)(1):The employer did not provide a medical evaluation to determine the employee's ability to use a respirator, before the employee was fit tested or required to use the respirator in the workplace:  a) Painting and fabrication area: On or about November 28, 2023, and at times prior thereto, the employer exposed employees to health hazards by providing and requiring employees to wear half-face, tight fitting elastomeric respirators when spray painting and polishing stones without first being provided  with a medical evaluation to determine if they could safely use the respirators.

Issued

2024-03-28 00:00:00

Abate by

2024-04-11 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR  1910.134(f)(2):Employee(s) using tight-fitting facepiece respirators were not fit tested prior to initial use of the respirator:  a) Painting and fabrication areas: On or about November 28, 2023, and at times prior thereto, the employer exposed employees to health hazards by providing and requiring employees to wear half-face tight fitting elastomeric respirators when spray painting and fabricating stones without being provided with appropriate fit tests.

Issued

2024-03-28 00:00:00

Abate by

2024-04-11 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR  1910.134(g)(1)(i)(A):Respirators with tight-fitting facepieces were worn by employees who had facial hair that came between the sealing surface of the facepiece and the face or that interfered with valve function:  a) Painting area: On or about November 28, 2023, and at times prior thereto the employer exposed employees to health hazards in that employees with facial hair were allowed to wear half facepiece tight-fitting respirators when spray painting.

Issued

2024-03-28 00:00:00

Abate by

2024-04-11 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR  1910.134(h)(2)(i):Respirators were not stored to protect them from damage, contamination, dust, sunlight, extreme temperatures, excessive moisture, and damaging chemicals or  were not packed or stored to prevent deformation of the facepiece and exhalation valve:  a) Painting and fabrication areas: On or about November 28, 2023, and at times prior thereto, the employer exposed employees to health hazards in that employees did not store their respirators appropriately to prevent damage and contamination.

Issued

2024-03-28 00:00:00

Abate by

2024-04-11 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR  1910.134(k):The employer did not provide comprehensive, understandable training which did not occur annually and/or more often if necessary:  a) Painting and fabrication areas: On or about November 28, 2023, and at times prior thereto the employer exposed employees to health hazards from wearing half-face tight fitting elastomeric respirators as required by the employer when spray painting and fabricating stones without first being provided with adequate respiratory protection training.

Issued

2024-03-28 00:00:00

Abate by

2024-04-11 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR  1910.132(d)(2):The employer did not verify that the required workplace hazard assessment has been performed through a written certification that identifies the workplace evaluated, the person certifying that the evaluation has been performed, the date(s) of the hazard assessment, and, which identifies the document as a certification of hazard assessment:  a) Fabrication and painting areas: On or about November 28, 2023, and at times prior thereto, the employer failed to conduct a workplace hazard assessment and have it written to identify the workplace evaluated, the person certifying that the evaluation has been performed, the date of the hazard assessment, and, which identified the document as a certification of hazard assessment.

Issued

2024-03-28 00:00:00

Abate by

2024-04-11 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR  1910.178(a)(4):Modifications or additions which affect capacity and safe operation of powered industrial truck were performed by the employer without the manufacturer's prior written approval:  a) Stone yard area: On or about November 28, 2023, and at times prior thereto, the employer exposed employees to struck-by and crushed-by hazards in that employees were allowed to operate a Unicarriers 50 forklift with forklift boom attachment that was not certified by the manufacturer of the forklift or an approved engineer, and did not have updated instruction plates, tags, or decals.

Issued

2024-03-28 00:00:00

Abate by

2024-04-11 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR  1910.178(l)(4)(iii):An evaluation of each powered industrial truck operator's performance was not being conducted at least once every three years:  a) Stone yard area: On or about November 28, 2023, and at times prior thereto, the employer exposed employees to struck-by and crushed-by hazards in that employees were allowed to operate a Unicarriers 50 forklift without being evaluated at least once every three years as required by the standard.

Issued

2024-03-28 00:00:00

Abate by

2024-04-11 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR  1910.178(q)(7):Industrial trucks were not examined before being placed in service:  a) Stone yard area: On or about November 28, 2023, and at times prior thereto, the employer exposed employees to struck-by hazards in that employees were allowed to operate a Unicarriers 50 forklift, Model number: MP1F2A25LV, Serial number: P1F2-9H24787; rated capacity of 4050lbs without being examined daily before being placed in service as required by the standard.

Issued

2024-03-28 00:00:00

Abate by

2024-04-11 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR  1910.1200(e)(1):The employer did not develop, implement, and/or maintain at the workplace a written hazard communication program which describes how the criteria specified in 29 CFR 1910.1200(f), (g), and (h) will be met:  a)Painting area and fabrication area: On or about November 28, 2023, and at times prior, thereto the employer did not implement a written hazard communication program for employees that were required to use products that contained hazardous chemicals such as but not limited to dust from natural and engineered stones, paints, stone sealants, stone stain protection, and lacquer thinner.

Issued

2024-03-28 00:00:00

Abate by

2024-04-11 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR  1910.1200(g)(8):  The employer did not maintain in the workplace copies of the required safety data sheets for each hazardous chemical:  a) Painting area and fabrication area: On or about November 28, 2023, and at times prior, thereto the employer did not maintain appropriate safety data sheets  for products used by employees that contained hazardous chemicals such as but not limited to dust from natural and engineered stones, paints, stone sealants, stone stain protectors, and lacquer thinner.

Issued

2024-03-28 00:00:00

Abate by

2024-04-11 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR  1910.1200(h)(1):Employees were not provided effective information and training on hazardous chemicals in their work area at the time of their initial assignment and whenever a new hazard that the employees had not been previously trained about was introduced into their work area:  a)Painting area and fabrication area: On or about November 28, 2023, and at times prior, thereto the employer did not provide employees with effective information and training on hazardous chemicals. Employees were required by their employer to use products that contained hazardous chemicals such as but not limited to dust from natural and engineered stones, paints, stone sealants, stone stain protectors, and lacquer thinner.